Common use of Escalation and Dispute Resolution Clause in Contracts

Escalation and Dispute Resolution. The parties agree to negotiate in good faith to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of parties, then each party’s CEO (“Representatives”) shall, within thirty (30) days of a written request by either party to call such a meeting, meet either in person or through any other media and alone (except for one assistant for each party) and shall attempt in good faith to resolve the dispute. 1. All disputes between the Parties arising out of or relating to this Agreement that cannot be amicably settled between [the Account Manager] and the [Procurement Manager] within a maximum of thirty (30) calendar days shall be referred, by either Party, to their senior management for resolution. 2. If any dispute cannot be resolved by the respective senior management within a maximum of fifteen (15) calendar days after it has been referred under Section 22.1 above, the dispute shall be referred to the Parties’ Managing Directors / CEO for resolution. 3. If the dispute cannot be resolved within a maximum of fifteen (15) calendar days by the Parties' Managing Directors/CEO under Section 22.2, the dispute shall be referred to the dispute resolution procedure set out in Sections 22.4 to 22.8 below. 4. Subject to the escalation procedure specified in Section 22.1 to 22.3 being exhausted without resolution of any dispute, the Parties agree to attempt to settle such dispute by mediation in accordance with the standard mediation procedure in accordance with the local jurisdiction. Each Party agrees with the other not to commence any court proceedings/arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated without resolution of the dispute. 5. If the Parties reach an agreement on the resolution of the dispute such agreement shall be reduced to writing and, once signed by an authorised signatory of each Party, shall remain binding on the Parties. 6. If the Parties have not settled the dispute in accordance with Section 22.5 above within seven (7) calendar days from the date when the mediation was instituted, the dispute shall be referred to arbitration under the Rules of the local jurisdiction. 7. The Parties shall bear their own costs arising from any dispute resolution procedure. 8. The performance by the Parties of their respective obligations under this Agreement shall not cease or be delayed by this procedure. 9. Nothing in this Section 22.9 shall prejudice the right of either Party to: 9.1. apply to Court for interim relief to prevent the violation by the other Party of any proprietary interest, or any breach of the other Party’s obligations which could cause irreparable harm to the first Party; or 9.2. bring proceedings intended to result in the enforcement of a written agreement resulting from a resolution of a dispute between the Parties in accordance with the foregoing provisions of this Section 22 or otherwise.

Escalation and Dispute Resolution. The parties agree to negotiate in good faith to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of parties, then each party’s CEO (“Representatives”) shall, within thirty (30) days of a written request by either party to call such a meeting, meet either in person or through any other media and alone (except for one assistant for each party) and shall attempt in good faith to resolve the dispute.‌ 1. 15.1 All disputes between the Parties arising out of or relating to this Agreement that cannot be amicably settled between [the Account Manager] and the [Procurement Manager] within a maximum of thirty (30) calendar days shall be referred, by either Party, to their senior management for resolution. 2. 15.2 If any dispute cannot be resolved by the respective senior management within a maximum of fifteen (15) calendar days after it has been referred under Section 22.1 15.1 above, the dispute shall be referred to the Parties’ Managing Directors / CEO for resolution.Directors 3. 15.3 If the dispute cannot be resolved within a maximum of fifteen (15) calendar days by the Parties' Managing Directors/CEO under Section 22.215.2, the dispute shall be referred to the dispute resolution procedure set out in Sections 22.4 to 22.8 below.Sections 4. 15.4 Subject to the escalation procedure specified in Section 22.1 15.1 to 22.3 15.3 being exhausted without resolution of any dispute, the Parties agree to attempt to settle such dispute by mediation in accordance with the standard mediation procedure in accordance with the local jurisdiction. Each Party agrees with the other not to commence any court proceedings/arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated without resolution of the dispute. 5. 15.5 If the Parties reach an agreement on the resolution of the dispute such agreement shall be reduced to writing and, once signed by an authorised signatory of each Party, shall remain binding on the Parties. 6. 15.6 If the Parties have not settled the dispute in accordance with Section 22.5 15.5 above within seven (7) calendar days from the date when the mediation was instituted, the dispute shall be referred to arbitration under the Rules of the local jurisdiction. 7. 15.7 The Parties shall bear their own costs arising from any dispute resolution procedure. 8. 15.8 The performance by the Parties of their respective obligations under this Agreement shall not cease or be delayed by this procedure. 9. 15.9 Nothing in this Section 22.9 15.9 shall prejudice the right of either Party to: 9.115.9.1. apply to Court for interim relief to prevent the violation by the other Party of any proprietary interest, or any breach of the other Party’s obligations which could cause irreparable harm to the first Party; or 9.215.9.2. bring proceedings intended to result in the enforcement of a written agreement resulting from a resolution of a dispute between the Parties in accordance with the foregoing provisions of this Section 22 15 or otherwise.

Escalation and Dispute Resolution. The 14.1 If a dispute arises between the parties agree to negotiate this Contract, the parties will use their reasonable endeavours to settle the dispute in good faith accordance with the following procedures: (a) a dispute which has not been settled by the Customer's representative and the BT representative within 7 days of the matter being raised, may be escalated by either party to resolve any the first level by written notice to the other party; (b) if the dispute between them regarding this Agreement. If is not resolved at the negotiations do not resolve first level within 7 days of escalation either party may refer the dispute to the reasonable satisfaction of second level. The parties, then each party’s CEO (“Representatives”) shall, within thirty (30) days of ' representatives and the people to whom a written request dispute must be escalated at the first and second levels are as notified by either party to call such a meeting, meet either in person or through any the other media and alone (except for one assistant for each party) and shall attempt in good faith from time to resolve the disputetime. 1. All disputes between 14.2 If the Parties arising out of or relating dispute is a technical dispute and is still not resolved 28 days after escalation to this Agreement that cannot the second level then the dispute may be amicably settled between [the Account Manager] referred to a single arbitrator to be agreed by BT and the [Procurement Manager] within a maximum of thirty (30) calendar days shall be referredCustomer, by either Partyor , failing agreement, to their senior management for resolutionbe appointed by the President of the Institution of Electrical Engineers, in accordance with and subject to the provisions of the Arbitration Acts 1950 to 1979 or any statutory modification or re- enactment of those Acts. 2. 14.3 If any a dispute canis other than a technical dispute and is not be resolved by after the respective senior management within a maximum of fifteen (15) calendar days after it has procedures set out in Sub-Clause 14.1 have been referred under Section 22.1 abovefollowed then, if the parties agree, the dispute shall will be referred to a mediator: (a) the Parties’ Managing Directors / CEO mediator will be appointed by agreement of the parties. In the event of a failure to agree within 3 days of a proposal by one party, the mediator will be appointed by the Centre for resolution.Dispute Resolution (CEDR); 3. If (b) within 14 days of the appointment of the mediator the parties will meet with the mediator in order to agree the procedure to be adopted for the negotiations; (c) all negotiations connected with the dispute cannot will be resolved within a maximum of fifteen (15) calendar days by the Parties' Managing Directors/CEO under Section 22.2, the dispute shall be referred conducted in confidence and without prejudice to the dispute resolution procedure set out in Sections 22.4 to 22.8 below. 4. Subject to the escalation procedure specified in Section 22.1 to 22.3 being exhausted without resolution of any dispute, the Parties agree to attempt to settle such dispute by mediation in accordance with the standard mediation procedure in accordance with the local jurisdiction. Each Party agrees with the other not to commence any court proceedings/arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated without resolution rights of the dispute.parties in any further proceedings; 5. If (d) if the Parties parties reach an agreement on the resolution of the dispute such the agreement shall will be reduced to put in writing and, and once signed by an authorised signatory of each Party, shall remain the parties will be binding on them; (e) if the Parties. 6. If the Parties have parties are not settled prepared to agree to the dispute in accordance with Section 22.5 above within seven (7) calendar days from the date when the mediation was instituted, the dispute shall be being referred to arbitration under the Rules a mediator or fail to reach agreement within 2 months of the local jurisdiction. 7. The Parties shall bear their own costs arising from mediator being appointed then either party may exercise any dispute resolution procedure. 8. The performance by the Parties of their respective obligations remedy that it has under this Agreement shall not cease or be delayed by this procedureContract. 9. Nothing in this Section 22.9 shall prejudice the right of either Party to: 9.1. apply to Court for interim relief to prevent the violation by the other Party of any proprietary interest, or any breach of the other Party’s obligations which could cause irreparable harm to the first Party; or 9.2. bring proceedings intended to result in the enforcement of a written agreement resulting from a resolution of a dispute between the Parties in accordance with the foregoing provisions of this Section 22 or otherwise.

Escalation and Dispute Resolution. 38.1 If Intentia and the Supplier have a dispute regarding the Services, either of Intentia and the Supplier may initiate a dispute resolution process described in this Section. The parties agree to negotiate in will exercise reasonable, good faith efforts to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to throughout the reasonable satisfaction of parties, then each party’s CEO (“Representatives”) shall, within thirty (30) days of a written request by either party to call such a meeting, meet either in person or through any other media and alone (except for one assistant for each party) and shall attempt in good faith dispute resolution process 38.2 If the project management is unable to resolve the disputedispute within ten business days either party may refer the dispute in writing to the GOC Management Group [referred to in Section 12.2]. 1. 38.3 If the GOC Management Group is unable to resolve the dispute within ten business days either party may refer the dispute in writing to the Operations Management Committee [referred to in Section 12.4]. 38.4 If the Operations Management Committee contact persons are unable to resolve the dispute within ten business days of their receipt of the written referral to such designated representatives, either party may refer the dispute in writing to the Steering Committee [referred to in Section 12.5]. 38.5 If the Steering Committee is unable to resolve the dispute within fifteen business days or other previously agreed upon time frame, of their receipt of the written referral to such designated representatives, the dispute will be referred in writing to the CEO of Intentia and the CEO of the Supplier for their review and resolution. 38.6 If the CEO of Intentia and the CEO of the Supplier are unable to resolve the dispute within twenty business days or other previously agreed upon time frame, of their receipt of the written referral, the dispute will be referred to arbitration in accordance with Section 38.9 below. (a) In the event of a matter which is reasonably determined by the party seeking dispute resolution as a matter in which the timeframe of the process of the dispute resolution process described herein is too lengthy to properly affect the matter, such party may require the dispute resolution process to immediately advance to the lead executive level as stated in Section 38.4 above, in which the dispute resolution process shall then resume as stated. (b) For any dispute arising under this Agreement other than a dispute related to the Services, the dispute resolution process shall immediately advance to the CEO’s of the parties, respectively, as stated in Section 38.6 above. 38.8 The dispute resolution process shall not release the parties from any of their obligations set forth in this Agreement. 38.9 All disputes between the Parties arising out of or relating to this Agreement that cannot be amicably settled between [the Account Manager] and the [Procurement Manager] within a maximum of thirty (30) calendar days shall be referredmay, by either Party, to their senior management for resolution. 2. If any dispute cannot be resolved by the respective senior management within a maximum of fifteen (15) calendar days after it has been referred under Section 22.1 above, going through the dispute shall resolution process as described in this Section 38 above be referred to the Parties’ Managing Directors / CEO for resolution. 3. If the dispute cannot be resolved within a maximum of fifteen (15) calendar days arbitration by the Parties' Managing Directors/CEO under Section 22.2, the dispute shall be referred to the dispute resolution procedure set out in Sections 22.4 to 22.8 below. 4. Subject to the escalation procedure specified in Section 22.1 to 22.3 being exhausted without resolution of any dispute, the Parties agree to attempt to settle such dispute by mediation either party in accordance with the standard mediation procedure arbitration rules of the Stockholm Chamber of Commerce Arbitration Institute. The arbitration proceedings shall take place in Stockholm. The arbitration panel shall consist of three arbitrators having significant relevant industry experience shall be selected as follows: one arbitrator by each of the parties and the third by the two arbitrators so selected or, if such arbitrators cannot agree, by the Swedish Arbitration Association in accordance with the local jurisdiction. Each Party agrees with Rules and all proceedings and filings shall be in English. 38.10 In the other not to commence any court proceedings/event of an arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated without resolution proceeding, the rules of the dispute. 5. If the Parties reach an agreement Swedish Judicial Code of Procedure on the resolution “sammanläggning” of the dispute such agreement actions and Third Party participation in a judicial proceeding as well as voting and allocation of trial costs shall be reduced to writing and, once signed by an authorised signatory of each Party, shall remain binding on the Partiesapplicable. 6. If the Parties have not settled the dispute in accordance with Section 22.5 above within seven (7) calendar days from the date when the mediation was instituted, the dispute shall be referred to arbitration under the Rules of the local jurisdiction. 7. The Parties shall bear their own costs arising from any dispute resolution procedure. 8. The performance by the Parties of their respective obligations under this Agreement shall not cease or be delayed by this procedure. 9. Nothing in this Section 22.9 shall prejudice the right of either Party to: 9.1. apply to Court for interim relief to prevent the violation by the other Party of any proprietary interest, or any breach of the other Party’s obligations which could cause irreparable harm to the first Party; or 9.2. bring proceedings intended to result in the enforcement of a written agreement resulting from a resolution of a dispute between the Parties in accordance with the foregoing provisions of this Section 22 or otherwise.

Escalation and Dispute Resolution. 22.1 The parties agree to negotiate in good faith to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of parties, then each party’s CEO (“Representatives”) shall, within thirty (30) days of a written request by either party to call such a meeting, meet either in person or through any other media and alone (except for one assistant for each party) and Parties shall attempt in good faith to resolve the dispute. 1. All disputes negotiate a settlement to any dispute between the Parties them arising out of or relating in connection with the Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to this Agreement that cannot be amicably settled between [the Account Manager] and the [Procurement Manager] within a maximum commercial director (or equivalent) of thirty (30) calendar days shall be referred, by either each Party, to their senior management for resolution. 2. 22.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act. 22.3 If any the dispute cannot be resolved by the respective senior management within a maximum of fifteen (15) calendar days after Parties pursuant to Clause 22.1 the Parties shall refer it has been referred under Section 22.1 above, the dispute shall be referred to mediation pursuant to the Parties’ Managing Directors / CEO for resolution. 3. If the dispute cannot be resolved within a maximum of fifteen (15) calendar days by the Parties' Managing Directors/CEO under Section 22.2, the dispute shall be referred to the dispute resolution procedure set out in Sections 22.4 to 22.8 belowthis Clause 22.3 unless the parties agree that the dispute is not suitable for resolution by mediation. 4. Subject 22.4 The obligations of the Parties under the Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation and the Parties shall comply fully with the requirements of the Agreement at all times. 22.5 The procedure for mediation and consequential provisions relating to mediation are as follows: 22.5.1 A neutral adviser or mediator (the "Mediator") shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within 10 Working Days after a request by one Party to the escalation procedure specified other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within 10 Working Days from the date of the proposal to appoint a Mediator or within 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to appoint a Mediator; 22.5.2 The Parties shall within 10 Working Days of the appointment of the Mediator meet with him in Section 22.1 order to 22.3 being exhausted without resolution agree a programme for the exchange of any disputeall relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties agree may at any stage seek assistance from a mediation provider agreed between the parties to attempt to settle such dispute by mediation in accordance provide guidance on a suitable procedure; 22.5.3 Unless otherwise agreed, all negotiations connected with the standard mediation procedure dispute and any settlement agreement relating to it shall be conducted in accordance with confidence and without prejudice to the local jurisdiction. Each Party agrees with the other not to commence any court proceedings/arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated without resolution rights of the dispute.Parties in any future proceedings; 5. 22.5.4 If the Parties reach an agreement on the resolution of the dispute such dispute, the agreement shall be reduced to writing and, once signed by an authorised signatory of each Party, and shall remain be binding on the Parties once it is signed by their duly authorized representatives; 22.5.5 Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.; and 6. 22.5.6 If the Parties have not settled fail to reach agreement in the structured negotiations within thirty (30) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute in accordance with Section 22.5 above within seven (7) calendar days from the date when the mediation was instituted, the dispute shall or difference between them may be referred to arbitration under the Rules of the local jurisdictioncourts. 7. The Parties shall bear their own costs arising from any dispute resolution procedure. 8. The performance by the Parties of their respective obligations under this Agreement shall not cease or be delayed by this procedure. 9. Nothing in this Section 22.9 shall prejudice the right of either Party to: 9.1. apply to Court for interim relief to prevent the violation by the other Party of any proprietary interest, or any breach of the other Party’s obligations which could cause irreparable harm to the first Party; or 9.2. bring proceedings intended to result in the enforcement of a written agreement resulting from a resolution of a dispute between the Parties in accordance with the foregoing provisions of this Section 22 or otherwise.